Indian Ridge Canning Co. v. The Captain Nick, 1736 Admiralty.
| Decision Date | 30 July 1951 |
| Docket Number | No. 1736 Admiralty.,1736 Admiralty. |
| Citation | 98 F. Supp. 664,1951 AMC 1740 |
| Parties | INDIAN RIDGE CANNING CO. v. THE CAPTAIN NICK et al. |
| Court | U.S. District Court — Eastern District of Louisiana |
Jones, Flanders, Waechter & Walker and George Denegre, all of New Orleans, La., proctors for libelant.
John D., M. A. & Edwin H. Grace, New Orleans, La., proctors for respondents.
The issues of fact and law in the above entitled suit having duly come on to be heard on the pleadings and proofs of the parties and due deliberation having been had, I now find and decide as follows:
Findings of Fact
1. Libelant, cross-respondent, Indian Ridge Canning Company, is a Louisiana corporation and on November 24, 1948, was the owner of the Trawler St. Martin No. I, a diesel driven shrimp trawler of an overall length of approximately sixty (60) feet with her pilot house and engine spaces forward of her ice hold.
2. Respondent, cross-libelant, Morgan City Packing Company, is a partnership composed of Bertoul Cheramie, Sr., Nelson G. Cheramie, Paterson J. Cheramie, Bertoul Cheramie, Jr., and Mrs. Rita Cheramie, wife of Early Trosclair, and on November 24, 1948, the bareboat charterer of the Trawler Captain Nick, a diesel driven trawler type of an overall length of approximately forty (40) feet with her pilot house and engine spaces aft of her hold.
3. On the early morning of November 24, 1948, the Trawler St. Martin No. I was proceeding eastward in the Intracoastal Waterway in the vicinity of Houma, Louisiana, returning to Little Caillou Bayou from Morgan City, Louisiana. She was properly manned and fully equipped with navigation lights burning.
4. On the same morning the Trawler Captain Nick was proceeding westward at a speed of approximately 8 knots in the Intracoastal Waterway in the vicinity of Houma, Louisiana, loaded to four-fifths of her capacity in her hold and on deck with oysters. She was properly manned, fully equipped with navigation lights burning. The weather was clear with excellent visibility and bright moonlight.
5. At approximately 2 A.M. the St. Martin No. I after passing through the bridges at Houma was proceeding at a speed of approximately 10 knots holding to starboard at a distance of approximately thirty feet the south bank of the canal. Lirette, who was conning the vessel, observed another vessel later identified as the Captain Nick approaching from the opposite direction following the center of the canal, the channel of which has a...
To continue reading
Request your trial
-
In re Sause Bros. Ocean Towing
...of the OCEAN SERVICE, will be treated as the "owner" of the OCEAN SERVICE in this action. See also Indian Ridge Canning Co. v. The Captain Nick, 98 F.Supp. 664 (D.C.La.1951). ...
-
Yachts, Inc. v. The Edward F. Farrington, 274.
...in the absence of evidence that the sheer was unavoidable, te liability of the tug and tow is established. Indian Ridge Canning Co. v. The Captain Nick, et al., D.C., 98 F.Supp. 664; The McLain No. 2, D.C., 32 F.Supp. 222; The Interwaterways No. 101, 2 Cir., 25 F.2d At the time the barge to......
-
NORFOLK, BALTIMORE AND CAROLINA LINE v. Yachts, Inc., 7038.
...328 U.S. 848, 66 S.Ct. 1119, 90 L.Ed. 1621; Wood Towing Corp. v. Paco Tankers, Inc., 4 Cir., 152 F.2d 258; Indian Ridge Canning Co. v. The Captain Nick, D.C., 98 F.Supp. 664; The Alabama, 4 Cir., 126 F. 332, certiorari denied 193 U.S. 669, 24 S.Ct. 851, 48 L.Ed. 840; The Sulphite, D.C., 73 ......